Emergency Corrective Action Plan (CAP) Defense
Rapid CAP preparation for carriers whose USDOT new entrant registration is at risk after a failed safety audit — or after a refusal-to-permit notice.
Independent safety advisory firm · Registered C/TPA · Uses public FMCSA data · Not affiliated with FMCSA
After you submit a request, we call you next business day.
Who this defense is for
- Carriers that received a failed new entrant safety audit notice under 49 CFR § 385.319. After a new entrant safety audit, if FMCSA finds basic safety management controls inadequate, FMCSA notifies the carrier that new entrant registration will be revoked and operations placed out of service unless the carrier takes the corrective actions in the notice — typically within 60 days (45 days for certain passenger / hazardous materials new entrants).
- Carriers at risk of revocation under 49 CFR § 385.325. If the carrier fails to submit a written response demonstrating corrective action acceptable to FMCSA within the § 385.319 timeline (or a granted extension), FMCSA revokes new entrant registration and issues an out-of-service order (day 61 / day 46, depending on carrier type).
- Carriers that received a 49 CFR § 385.337 notice for refusal to permit a new entrant safety audit. FMCSA gives written notice; the carrier has 10 days from the service date to agree in writing to permit the audit. If it does not, registration is revoked and interstate operations placed out of service effective the 11th day.
- Owners and safety managers who need a structured CAP package, not a blank template.
Preparing for a first safety audit, and you do not have a failed-audit or refusal-to-permit notice? See New Entrant Safety Audit Shield: /new-entrant-safety-audit-help.
What the CAP package includes
- Case intake and deadline mapping against the FMCSA notice
- Gap analysis against the cited safety management control failures
- A written Corrective Action Plan drafted for submission
- A supporting policy, procedure, and evidence checklist for your operation
- Filing-package assembly and submission guidance
- Follow-up status tracking with your assigned Safety Specialist
Not included unless separately engaged: DataQs roadside challenges, required filings or insurance filings, or out-of-service reinstatement outside the CAP scope.
SunPeak Safety & Compliance Group is not a law firm and does not provide legal advice. CAP work is compliance documentation and filing support — not legal representation. FMCSA alone decides whether corrective action is accepted. No outcome is guaranteed.
How Emergency CAP Defense proceeds
1. Initiate Authority Defense — call (208) 437-6557 or start on this page with your FMCSA notice.
2. Provide the notice and core records — audit findings, policies, and Driver Qualification / maintenance samples as requested.
3. A Safety Specialist builds the CAP — mapped to the deficiencies and the federal timeline in the notice.
4. You review and authorize — nothing goes out without your go-ahead.
5. Submit — the package is delivered per the notice’s instructions.
6. Monitor — we track follow-up requests until FMCSA responds. FMCSA alone decides whether corrective action is accepted.
Documents typically needed
- The FMCSA or state notice letter (full PDF)
- Current MCS-150 / carrier snapshot
- Existing safety policies and training records
- Sample Driver Qualification files
- Maintenance / inspection samples
- Drug and alcohol / Clearinghouse program evidence, if cited
Do not send medical records, drug-test results, or account passwords through the website.
Pricing
Speak with a Safety Specialist for pricing. Call (208) 437-6557 or use the form below. We call you next business day.
Frequently asked questions
Q: Is a CAP the same as hiring a lawyer?
A: No. We are an independent safety advisory firm, not a law firm. CAP work is compliance documentation and filing support — not legal representation or legal advice.
Q: What does § 385.319 actually trigger?
A: After a new entrant safety audit, if FMCSA finds basic safety management controls inadequate, FMCSA notifies the carrier that new entrant registration will be revoked and operations placed out of service unless the carrier takes the corrective actions in the notice — typically within 60 days (45 days for certain passenger / hazardous materials new entrants). It is the new-entrant safety-audit fail to corrective-action path, not a generic finding on any audit.
Q: What about “failure to respond”?
A: Under § 385.325, if the carrier fails to submit a written response demonstrating corrective action acceptable to FMCSA within the § 385.319 timeline (or a granted extension), FMCSA revokes new entrant registration and issues an out-of-service order (day 61 / day 46, depending on carrier type). That is distinct from § 385.337, which covers refusal to permit a new entrant safety audit. Under § 385.337, FMCSA gives written notice; the carrier has 10 days from the service date to agree in writing to permit the audit. If it does not, registration is revoked and interstate operations placed out of service effective the 11th day.
Q: Can you guarantee FMCSA will accept the CAP?
A: No. FMCSA decides. We prepare a complete, deadline-driven package aimed at meeting the notice requirements.
Q: How do I get started?
A: Call (208) 437-6557 to Initiate Authority Defense, or send the form on this page. We call you next business day.
Speak with a Safety Specialist
Tell us about your FMCSA notice and deadline. We call you next business day.
Prefer to call? (208) 437-6557 — Initiate Authority Defense.
Do not wait out a revocation clock.
Put a Safety Specialist on your case today.
Initiate Authority Defense: call (208) 437-6557
Speak with a Safety Specialist
SunPeak Safety & Compliance Group is an independent safety advisory firm and a Registered C/TPA. We are not a law firm and do not provide legal advice. We are not affiliated with, endorsed by, or acting on behalf of FMCSA, the U.S. Department of Transportation, or any state enforcement agency. No outcomes are guaranteed. FMCSA and state agencies alone decide audit results, corrective-action acceptance, ratings, and enforcement actions. “Defense” and “protection” describe compliance advocacy and documentation services — not a guaranteed acceptance of a CAP or reinstatement of authority.